Alleged defamation:Court remands rights activist, Farotimi, in prison
By Victor Akinkuolie, Ado-Ekiti
An Ekiti State Chief Magistrate’s Court sitting in Ado-Ekiti, the Ekiti State capital, on Wednesday, remanded a human rights lawyer, Mr Dele Farotimi, in Ado-Ekiti correctional centre.
In a 16-count charge against Farotimi, it was alleged that he, in a 105-page book recently published and titled “Nigeria and Its Criminal Justice System,” accused legal icon Are Afe Babalola of compromising the Supreme Court to procure a fraudulent judgement in favour of his clients.
Farotimi was also alleged to have claimed in the book that he had sued Are Afe Babalola for libel and that the legal icon had used his influence within the judiciary to deny him justice, statements that were reportedly false and likely to injure the reputation of Are Afe Babalola
Additionally, the 53-year old Lagos lawyer was said to have written in the book that Afe Babalola could influence the Supreme Court to rule in his favour.
The book allegedly contained statements accusing Afe Babalola of promising Supreme Court justices actions that disregarded the court’s integrity, the interest of the citizens and the state they had sworn to protect.
When the charges were read to him, Farotimi pleaded not guilty to all sixteen counts. The offences were said to contravene and are punishable under Sections 373 and 375 of the Criminal Law.
The prosecuting counsel, Samson Osubu, prayed the court to remand the accused in prison custody, noting that some individuals implicated in the alleged defamation were still not around.
He argued that since the book was still in circulation and the judges allegedly compromised by Are Afe Babalola had not been contacted, it was necessary to detain the defendant to prevent further complications.
Osubu further argued that remanding the accused would allow adequate time to prepare the facts and witnesses for the case.
However, counsel to the defendant, Temidayo Akeredolu, urged the court to grant bail to his client, citing Nigerian legal precedents that defamation is a bailable offence.
He emphasised that the defendant is presumed innocent and a senior lawyer who has been practising since 2019. Akeredolu pleaded for bail on liberal terms, requesting that the court grant bail on self-recognition and promising that his client would not jump bail.
After hearing both submissions, the presiding magistrate, Mr Abayomi Adeosun, denied the bail application. He advised both counsels to submit their applications in writing and adjourned the case to Tuesday, December 10, 2024.